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Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......the order of acquittal of the accused respondent passed under section 247(2) of the Cr.P.C. on 17-11-83 in petition Case No. 1466A/1978 by the learned Additional District Magistrate, Dhaka. 2. The facts in short necessary for the purpose of disposal of this appeal may be stated as follows: The..Category: Criminal Law | Date: | Hits: 44
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... as promised. The complainant apprehends that the accused destroyed those deeds causing prejudice to the complainant who then filed the case against them under sections 406/420 Penal Code. From above facts it appears that there was intention for deception from the very beginning on the part of accus..Category: Criminal Law | Date: | Hits: 42
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......Officer at Lalpur PS in the District of Natore appeared and filed an affidavit-in-opposition. In the said affidavit it is not denied that the petitioners are teachers and employees of the Madrasha in question and that they have been serving the Madrasha in their respective capacities. Rather it was ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......r has put the transferee in possession in a part performance of contract the latter can enforce the right. The plea that the transferor had already performed his part of the contract is essentially a question of fact. Both the courts below, on due consideration of the evidence on record, found the a......iatpur in Title Appeal No. 95 of 1997 affirming the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff insti..Category: Property Law | Date: | Hits: 84
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......e special public prosecutor Mr. Abdul Latif Talukder has also deliberately destroyed the case while conducting the case on behalf of the prosecution. According to the learned Attorney General, in the facts of the given case the special public prosecutor ought to have prayed for treating Nuru Mia as ..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ...... quashing the proceeding of Special Case No.10 of 2008 filed under Sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 pending before the Special Judge, Court No.10, Dhaka. 2. The facts of the case, in short, are that on 03.10.2007 one Syed Ahmed, Assistant Director, Anti-Corrupt..Category: Anti-Corruption Laws | Date: | Hits: 120
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......of 1(one) year and fine of TK. 2000.00 in addition to the period already served out upon petitioner Nos.1 and 2 and fine of TK. 3,000.00 only upon petitioner No.3 which he has paid already. 2. The facts involved in the case, in short, are that on 29.07.2002 after watching the news from Bangladesh..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55....... is directed against the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous Case No. 6416 of 2009 making the Rule absolute. 2. The facts involved in the case, in short, are that the accused-petitioner and the father of victim are n..Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53....... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......proceeding of C.R. Case No.32 of 2007 under Sections 418,420,467,471,109, 500, 506 and 34 of the Penal Code now pending in the Court of Additional Chief Metropolitan Magistrate, Noakhali. 2. The facts involved in the case, in short, are that the complainant-petitioner was appointed on 01.05.197..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......579 of 2000 arising out of Dhanmondi P.S. Case No.56(2)2000 dated 17.02.2000 under Section 420/468/471/109 of the Penal Code within 4(four) months from the date of receipt of the judgment. 2. The facts involved in the case, in short, are that the accused No.1, Md. Rajab Ali Palowan, by opening c..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......rovision of Section 3(3) of Act VI of 1996. II. Whether the High Court Division erred in law in failing to consider that writ petition is not maintainable since the writ petitioner raised disputed question of facts. III. Whether the High Court Division erred in law in failing to consider that ......dent No.2 is directed against the judgment and order dated 15th March, 2009 of a Division Bench of the High Court Division in Writ Petition No.10310 of 2007 making the rule nisi absolute. 3. Short facts relevant for the disposal of the leave petition are that the writ petitioner was appointed o..Category: Employment/Service Law | Date: | Hits: 87
Government of Bangladesh Vs. Md. Rahatuddin Khan and others, 2011, 40 CLC (AD)
.... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:...... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:...... 2. We have heard the learned Attorney General and perused the materials on record. 3. We are of the view that the ad interim direction given by the High Court Division is not justified under the facts and circumstances of the case but the parties may take steps for disposal of the said writ pet..Category: Procedural Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)
....2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ......2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ......ons. 2. We have heard the learned Attorney General and perused the materials on record. We are of the view that the ad-interim direction given by the High Court Division is not justified under the facts and circumstances of the case but the parties may take steps for disposal of the said writ pet..Category: Procedural Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23....... the gazette notification dated 6th November, 1991 by which the aforesaid property was acquired under the (Emergency) Requisition Property Act, 1948. 3. His case in short is that the property in question was requisitioned by the Government vide Requisition Case No.43/1974f-48 and vested in the ......ted property and as such, the writ petition is not legally maintainable but the learned Judges of the High Court Division failed to consider that aspect of the matter. 7. On consideration of the facts and circumstances of the matter, we find merit in the contention of the learned Deputy Attor..Category: Property Law | Date: | Hits: 81
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ......গে পরে বহুবার রেজিস্ট্রি অফিসে গিয়াছি”। 5. Admittedly, the plaintiffs are illiterate lady. It has been detailed that the deed in question was obtained by practicing fraud upon them. It is now settled principles of law that when a......ct Judge, Kushtia in Title Appeal No.39 of 2002 reversing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 u..Category: Property Law | Date: | Hits: 84
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ...... This petition for leave to appeal is directed against the judgment and order dated 6th August, 2009 of a Single Bench of the High Court Division passed in Civil Revision No.2070 of 2009. 2. Short facts relevant for the disposal of this petition are that Sayed Abu Shayed, predecessor of the respo..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ...... the Deed No.21065 dated 15.4.75 was forged, fraudulent and collusive. It also appears that the High Court Division did not address the finding of the lower appellate Court's that the transactions in question was a heba-bil-ewaz as opposed to a simple heba or gift and in a heba-bil-ewaz there must b...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......ieved by the impugned judgment and order passed by the High Court Division, the petitioner preferred the instant Civil Petition for Leave to Appeal before this Court. 7. This Petition involves the question as to whether an offence alleged to have been committed prior to the enactment of the Ain o......t and other materials on record we have found that the allegation lodged against the petitioner discloses a prima facie case under Section 2 (ঠ) (অ) (আ) and 13 of the Ain of 2002. 16. In the facts and circumstances of the case, it appears that the Ain of 2009 was given retrospective effect ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......sconded soon after the occurrence and failed to explain the cause of death of his wife, deceased Shefali. 2. The evidence of PW7 revealed that he was quite capable of giving rational answer to the questions asked. 3. Solitary evidence of an eye‑witness could form the basis of conviction. ...... 9. After the close of recording evidence of the prosecution witnesses, accused Fazilutennessa was examined under section 342 of the Cr.P.C. during which she repeated innocence. 10. Considering facts, circumstances and evidence on record, the learned Additional District Judge found both the ac..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......Rahima Khatun was also fraudulently obtained to file that application. Three suits were filed by Meherunnesa against her sons, daughters and grandsons. In all the three suits the main and substantial question was as to whether the concerned deed of gift was genuine or created fraudulently on obtaini......ilure to appear when the Rule was taken up for hearing, if the matter is heard again in presence of the learned Advocate for the applicant, he has a good chance of success in the case as the relevant facts could not be placed when the Rule was heard ex parte. 3. A supplementary affidavit has also..Category: Property Law | Date: | Hits: 73
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